OCR Text |
Show Ijp REVISED ORDINANCES ( OF THE - TOWN OF GARLAND; Box Elder County, State of Utah. WHEREAS, THE TOWN' OP GARLAND. Box Elder County. State of Utah, haB been duly Incorporated as a town In accordance with the laws of the State of Utah, In such cases mado and provided, and, WHEREAS, In order to carry said Incorporation Into effect, and to derive de-rive the bencflta, thereof as contemplated by law, It Is necessary to have laws nnd ordinances for the government of said town, NOW, THEREFORE, Be It Ordained by the Board of Town Trustees of the said Town of Garland, Box Elder County, Utah, ns follows, to-wlt: "' .. CHAPTER I. GENERAL PROVISIONS. v Section 1. Revised Ordinances Take Effect. When. This revision of ho ordinances of the Town of Garland, Utah, shall be known as the Revised Re-vised Ordinances, and may be so cited or referred to, adding, when neces-lary, neces-lary, chapter or section, and shall take effect after Its passage and due yublicatlon. . Sec. 2. All Prior Ordinances Repealed; Exceptions. All ordinances and resolutions heretofore passed by the Board of Trustees of the Town of Garland, Gar-land, Utah, except as provided for In the next section, are hereby repealed. Sec. 3. (ID.) This repeal of existing ordinances shall not effect any ct done, and right accruing or which has accrued or been established nor any suit or proceedings hud or commenced at the tlmo this repeal takes effect, ef-fect, but that proceedings In such cases shall bo conformed to the provisions provis-ions of the Revised Ordinances ns far as consistent. Sec. 4. (ID.) Offenses, Etc., Not Affected Unless Mitigated. No effenso committed and no penality of forfeiture Incurred under any ordinances ordin-ances hereby repealed and before this repeal takes effect, shall be affected by this repeal, except that when n punishment penality or forfeiture la mitigated by the provisions herein contained, such provisions Bhall be applied to a Judgment to be pronounced after this repeal. Sec. 5. Constitutional and Statutory Provisions Adopted. The provisions pro-visions of the constitution and statutes of the State of Utah, relative to titles of the third class are hereby declared to have the same force and 1 tffect as If the provisions thereof had been specially ordained. Sec. 6. Words and Phrases, How Construed.-Wrds and phrases used in these revised ordinances are to bo construed according to the context nnd the approved usage of the language, but technical words and phrases, and bucIi others as hnve ncqulred a peculiar and npproprlato meaning In law, are to be construed according to such peculiar and appropriate meaning. Words and phrases used In these ordinances are to bo defined accord ing to their ordinary usuages. The present tense Includes the future, as well as the present. Words used In tho masculine gender Include the feminine nnd neuter; the singular i number Includes the plural, and tho plural the singular. it Tho word person Includes firm nnd corporation as well as a natural person, and the word principal Includes deputies. I Whenever any specific legal construction Is to bo placed upon a word or. phrase used In these ordinances, such word or phrase Is to bo construed as defined by tho laws of this state. Sec. 7. Street, Includes What. The words "street" and "streets." when used In these ordinances, shall be construed as Including alleys, lanes, courts, public squares and public places nnd sidewalks, unless such construction con-struction would be Inconsistent with the manifest Intent of tho ordinances. Sec. 8. Repeal Not to Affect Tenure of Office, Etc. These Ordinances shall not affect the tenure of offlco or any person holding office at tho time they take effect, unless such offlce Is hereby abolished, nor shall the repeal of any ordinance hereby have the effect of reviving nny ordinance hereto fore repealed or superseded. Sec. 9. Accounting Monthly. U lnll be tho duty of all officers and agents of the town to keep a true and correct account of all funds collected ax received by them for the town, and pay tho same Into the town treasury on or beforo tho last day of each month. ' Sec. 10. Annual Reports. AH olucors of tho town or heads of depart- ;$ merits, shall on or before tho first day of January In each year, make an an- 1 mini report In writing and fllo tho same In tho office of the town clerk. Sec. 11. Officers to Complete Business to End of Term. It shall bo a the duty of all officers of this town to complete the business of their respec- 'tlvo offices to tho time of the expiration of their respective terms. . geCi 12. Enacting Clause. The enacting clause of all ordinances of i this town which may hereafter bo passed shall bo as follows: "Bo It ordaln- 1 ed by the Hoard of Trustees of The Town of Garland, Utah," and no en- 1 acting clnuso shall be used In any section exeppt the first. '; CHAPTER II. REVENUE AND TAXATION. Sec. 13. Assessments, Etc. All property within the corporate limits of this town, which Is or which may hereafter be mado taxable for county or state purposes by tho laws of the State of Utah, shnll be nssessed and taxed for municipal purposes. Tho assessment of all property taxnblo as aforesaid, and tho collection of all gonornl taxes levied for municipal purposes In the town shall be J mado In the manner now or which may hereafter bo provided by tho laws of J this state for the assessment of property, for the collection of taxes for l tounty and state purposes, nnd tho redemption from tax sales. Y ?l Sec. 14. Poll Tax. Two days' work of eight hours each, or in lieu I. thereof,' three doling in lawful money, shall be an annual road poll tax up- W on every man over tho ago of twenty-one years nnd under fifty years of ago, JfJpJT"" not physically Incapacitated to work, and not exempted by law. Ml t. When a team shall bo used by n person In doing such Work upon the Tl J roads, ho shall bo allowed a reasonable sum therefor to be applied on his HI ' t oll tnx. 01 Sec. 15. Collection. Tho collection or poll tax shall bo mado by the jnl; supervisor of tho town, In the manner provided by law. Notice shall be jl given ns therein provided, work nnd labor performed during the dates there- w ia mentioned, and expended upon the highways within the limits of the K j v town, and all moneys collected by the supervisor tdinll be turned Into the M town treasury, and an annual report of all such poll tux mnde to the board Mil of trusteer. by the supervisor. . fll ge0i jo. Failure to Labor. Each person liable to perform labor on the fll loads as poll tax who falls to attend clthor In person or by satisfactory sub- ffll stltuto at tho tlmo and place directed, with the tools or Implements required, 'Mil ' linvlng had two days' notice thereof, or appearing, shnll spend his tlmo In JEll Idleness or fall to work according to tho direction of the road supervisor, or jjojli Who shall fall to furnish him within ten dnys after notice tome satisfactory Mil excuse for not attending, Bhnll bo delinquent nnd the road supervisor shall Jl proceed to collect tho same by an action In tho immo of the town. HJ Sec. 17. ,l Hlm" 1,0 "l0 l,uty of tlie supervisor to take charge of all jr tools, materials or property bolonglng to the town nnd furnish n list of the WW' oaiiio to the Town Board nt such times as they mny require, 'jail Sec. 18. Work Prisoners. It shnll bo tho duty of tho street supervisor Jit, by himself or deputy, whon 'requested by tho marshal, by order of tho city council, to tako chargo of any work on the streets of the city, or elsewhere illi within tho city, of all prisoners sentenced to perform labor. ill CHAPTER III. jll'a Seo 19. The official Corporato seal of this town shall be one and seven eights hlches In diameter and of the following device: Inside the Inner circle cir-cle tho words, "Corporato Seal," and near the outer circle the words, "Town of Garland, Box Elder County, Utah." CHAPTER IV. NAMES OF STREETS. Sec. 20. The county road running from tho canal cast through the Town of Garland shall be known ns "Factory Street." Tho first street south of Factory street and parallel thereto shall be known ns "Cutler Street." The second street south of Factory Street and parallel thereto bhall bo known as "Austin Street." The third street south of Factory Street and parallel "thereto Bhall be known ns "Ingalls Street." The first street north of Factory Street and parallel thereto shall be known ns "Porter Street." The second street north of Factory Street and pnratlcl thereto shall bo known as "Grover Street." The county road running through tho Town of Garland north and south shall bo known as "Main Street." The first street cast of Main Street and parallel thereto Bhatt be known ns "May-field "May-field Avenue." Tho third street east of Main Street nnd parallel thereto shall be known ns "Kiter Avenue." The fourth street cast of Main Street and parallel thereto shall be known as "Brown Avenue." Tho fifth street cast of Main Street and Parallel thereto shall be known as "Parle Avenue." The sixth street east of Main Street nnd parallel thereto shall bo known as "Eaton Avenue." The first street west of Main Street and parallel thereto there-to shall be known ns "Hanford Avenue." The second street west of Main street and parallel thereto Bhall be known ns "Evans Avenue." The third street west of Main Street and parallel thereto shall be known ns "Edward a Avenue." Sec. 21. Shade Trees. Ml shade trees which may hereafter be set upon any of the streets or sidewalks of this town shnll be set ten feet from tho lino of the town lots. CHAPTER V. ELECTION AND OFFICERS. Sec. 22. Amount of Bond. The amount for which the respective officers offi-cers shall give bond as stated In Sec. 20, shall be as follows, to-wlt: President $500.00 Treasurer 1000.00 Poundkeeper .. ............. Trustees, each.. 250.00 Marshal 1000.00 Watermnster Clerk C00.00 Supvr. of StreetB Sexton . .. Members of the Board of Health, except the president Sec. 23. Bonds, Where Filed. Ml bonds given by the officers of this town shall be filed In the office of tho town clerk, except the bond of the clerk, which shall be filed with the town treasurer. CHAPTER VI. ' REMOVAL OF OFFICERS. Sec. 24. Removal of Elective Officers. Ml elective officers of thlB town may bo removed from office upon the concurrence of three-fourths of nil the members of the Board of Trustees. Sec. 25. Appointive Officers. -Any appointive officer of this town may bo removed fronv'offlce nt nny tlmo by the president, with tho concurrence cf a majority of the Board of Trustees, or by tho Board of Trustees with tho concurrence of the president. CHAPTER VII. - VACANCIES. Sec. 2G. Vacancies, President. H tho president br any trustee at any tlmo during his term of office, shall remove from tho limits of the town, his offlco shall thereby becomo vacant. Sec. 27. (ID) Elective Officers. If any person elected to nny office In this town shall fall to qualify as required by law nnd tho ordinances of this town, on or before tho first Monday In January next succeeding his election, tho board of trustees shall declare his office vacant nnd shnll proceed to fill tho same by appointment. Sec. 28 (ID). Appointive Offices. 11 an' person appointed to any office in this town shall tor a period of ten days after receiving notice of his appointment, fall to qualify as provided by law and the ordinances of this towu, ho shall be deemed to have refused such appointment nnd. another nppolntment shall Immediately be made. , . ; ; CHAPTER VIII. PRESIDENT. ' ' Sec. 29. Shall Sign Ordinances, Etc. Tho president shall sign nil ordinances ordi-nances of this town nnd all licenses, except liquor licenses, nnd, when directed direct-ed and authorized to do so by tho board of trustees, ho shall sign his nnmu officially for and In behnlf of the town of Garland to nil deeds, bonds, bills, notes, obligations, contracts and agreements, and shnll seal and deliver the samo as the act and deed of said town of Garland when it Is a party and such signature is necessary. Seo. 30. Duties. Tho president shall perform all the duties which are or may be prescribed by law or by ordinances, nnd Miall se that the laws r.nd ordinances of this towu are faithfully executed. CHAPTER IX. BOARD OF TRUSTEES. Sec. 31. Time of Meeting, Etc. Tho stated mootlngs of tho board of trustees shall be held tho first Tuesday of each month; provided that when any general holiday occurs on said Tuesday the meeting shall bo held on the succeeding Tuesday. Tho time of meeting may be changed from tlmo to time as business may require. Sec. 32. Quorum. A majority of the board of trustees shall constitute consti-tute a quorum to transact business. Sec. 33. Refusing to Attend. Any member of tho board of trustees who shall, without Just causo therefor, refuse or neglect to attend any meeting meet-ing of the board of trustees, whon notified by the marshal that his attendance atten-dance Is required to form n quorum, or should any member leave tho trustees whon In session without the consent of the trustees, when such leaving would break the quorum, shall be fined In any sum not exceeding fifty dol-lars dol-lars by tho president, and shall bo liable on his ofllcinl bond therefor. Sec. 34. Special Meetings. The president or any two members of tho board of trustees may call a speclnl meeting of tho board of trustees by giving giv-ing a notice thereof to each of the members of the trustees, served person-ally person-ally or loft at his usual place of abode. See 35. Reconsideration of Vote. No voto oi the board of trustees shall bo reconsidered or rescinded at a special meeting, unless at such special meeting thereby present as largo a number of trustees as were present whon such vote was taken. Sec. 30. Not to Hold Created Office. No member of tho board of trustees trus-tees shall hold or bo appointed to nny offlco which shall have beou created, or the emoluments of which shall have been Increased while ho was a member during tho term for which he was elected and for one year after expiration of such term, CHAPTER X. TOWN CLERK. Seo. 37. Office, Where. Keep Records. The town clerk shall keep the corporato seal and nil papors and records of tho town; ho Bhall keep a record of the proceedings of the board of trustees, whose meetings It shall bo his duty to attend. Seo. 38. May Appoint a Deputy. Tho clerk by nnd with the consent of the board of trustees, many appoint a deputy who, under tho directions of the cleric or In, his absence, mny perform all the acts or duties pertaining to tho office of clerk. The town clerk shall be responsible for tho nets of his deputy. Sec. 39. Record Ordinances, Etc. The clerk shall record all ordlnan- '"iB ces passed by tho board of trustees In n book kept for that purpose together with tho affidavits of publication by the publisher or his agent It such ordl- -1 nance was published, or If posted, with the certificate of due posting there- of. He shall also keep lu n book provided for thnt purpose,, the nnmea of nil person's elected or appointed to any office within tho town, together with JH tho dates on which they enter upon the duties of tholr respective- offices nnd the date of their resignation or removal- therefrom. Sec. 40. (ID.) Publish. Tho Clerk shall cnuso all ordinances passed by the board of trustees. Immediately upoit the passage of the- same, to- be published In some newspaper printed in the town, or certified copies thereof to be posted in three public places within the town.. Sec. 41. Duties in Relation to Finance. Tho town clerk shaft draw nnd countersign nil orders or warrants upon tho town treasury In puxsu- JH nnce of any order or resolution of the board of trustees,, and keep- a full nnd accurate account thereof In books provided for thnt purpose,, nnd he shall make to the board of trustees from, time to time upon the order of the trustees, reports of the ilnnnclnl condition of the town. Sec. 42. (ID) Ho Bhall keep accounts with nil receiving nnd dlsburs-Ing dlsburs-Ing offices of tho town, showing the amount thoy have received from the different sources of revenue nnd the amount; whlsfiu tttar have ixbbwrstd under the directions of the board of trustees; be shall; examine nil reports, books, papers, vouchers, nnd accounts of the town trcasuror; he shall audit. alt claims and demands against the town before- they are allowed by tho board of trustees, and he shall keep n record of claims presented nnd the action of tho trustees thereon. Sec. 43. Certiflcatioa of Warrants. Tfee- towa elerk shall endorse a certificate upon every town wnrrant, bond, or other evidence of debt. Issued B pursuant to lnw, that the same Is within the debt of the town, nnd Is Issued according to lnw anil the ordinances of th tows, lie shall sign such cer-tlflcate cer-tlflcate In tits official name. Sec- 24. Financial Statement. The elerk shnll prepare, on the First of January of each nnd every year, n detailed statement of the financial condition of tho town, Including all receipts nnd disbursements, debts due or owing by the town, tho names of the parties to or from whom such debts arc due, nnd on what account such debts were contracted, the source from which all receipts were received and upon what accounts suchxnn'Btures wero mnde. CHAPTER XL . ' 1 H TOWN TREASURER. . , "H Sec. 45. May appoint Deputy. The town treasurer may, by and with the advice nnd consent of the board of trustees, nppolnt n deputy who, un-dcr un-dcr tho direction of the treasurer or In hla absence, mny perform nil the acts or duties pertaining to the offlce of trensurer. The treasurer shall be responsible for the official acts of his deputy. Sec. 46. Payments. Tho trcasuror shall pay no money out save upon lawful warrant, except bonds nnd Interest coupons, or In case the same are payable at some othor plnce, then the money for their redemption shall b sent to the plnce where thoy are. payable In time to meet such payment whon duo. Sec. 47. Warrants To Be Paid in Order, Registered Th trcasureer H shall pay all warrants in the order in which thoy nre presented, nnd he shall note the day of payment nnd further that any warrant shall bo paltL by tho traesurer In case n sufficient amount of money shall remain In tho 'M treasury to pay all warrants, Issued previous to such warrant Sec. 48. Receipts. The' trenBiiror shall give every person paying mon-ey mon-ey Into the town trensury a receipt thorefor, specifying the date or payment nnd upon what account paid. Sec. 49. Special Funds, Etc. The treasurer shall keep all money belonging" to tho town separate nnd distinct from his own money. All money ou nny special assessment shnll be held by tho treasurer ns n speclnl fund to'be ap- piled to tho Improvement for which the assessment is made, and said money shall bo used for no other purpose whatever. Sec. 50. Reports Tho treasurer shall report to the board of trustees on tho First of Jununry of each year, a full detailed account of nil receipts H and expenditures nnd the state of the treasury. Sec. 51. Registry of Warrants. Tho treasurer shall keep a registry ot all warrants redeemed nnd paid during the year, describing such warrants their date, amount, number, (ho fund from which paid, nnd tho person to 1 whom paid, specifying nlso the tlmo ot payment. All such warrants shall be examined by the board of trustees nt the tlhio tho trensurer makes his report. CHAPTER XII, fl ' " TOWN MARSHAL. Sec. 52. The town marshal shnll bo appointed by the trustees and ratified by tho town president nnd he mny bo at any tlmo removed by a ma- Jorlty vote of tho board. H Sec. 53. Creation of Office. Tho appointment, duties, qualifications fl and toi-m of office of town mnrshnl shall bo as these ordinances provide. - Sec. 54. May Appoint Deputy. The town mnrshal may. by nnd with H inc consent ot the president, nppolnt such n number of deputies and special M pollcomon as may be required, nnd the persons so appointed shnll ho under tho direction nnd control of tho town mnrshnl. H Seo. 55. Powers and Duties The mnrshal, by himself or deputy, shall fl nttond all regular and special mootlngs of tho bonrd of trustees; ho shall have chargo of tho rooms In which the trustees meet nnd see that the same ' is lighted and warmed, when necensary; ho shall act as a door-keeper or sergcant-nt-arms for tho board of trustees and shall execute nil orders of fl the president or trustees; he shall preserve the peace and good order ot fl he town, quell nil riots, arrest and bring nil disorderly persons beforo the Justice of the peace for trial, nnd shall tako from tho person so nrrested nil offons ivc weapons which he mny have about his person and deliver tho samo to a Justice of tho peace. Ho shall take such measures as shall se- cure the peaco nnd good order of nil public meetings. B Sec. 50. Arrests. The marshul.and those acting under l-.ls dlrections.shnll fl have power and authority without process to arrest nnd tako Into custody " any person who shall commit In, tho presence of such officer, or within his ylow, any breach of the peace or any offense directly prohibited by the laws of this state or tho ordinances or this town. H , . ?ec'm5T Re1uire Aid of Citizens, Etc. Tho marshal, In the execution of his official business, with or without wnrrant, In arresting any person :,p. cused or suspected of n crime, or In tho suppression or nny riot or unlawM! assembly, or In preventing the violation or any ordinance, shall have power ' to require the aid ot any citizen or bystander, lr necessary, to accomplish the same. Ho shall Inquire Into nnd report to the president or justlco of the peace, all violations of the town ordinances nnd criminal laws of tho state within the towu, nnd.causo ull ordlnnnces passed by tho board of trus- tees, to be enforced. He.shnll arrest and take Into custody tiny person who may be round doing nny'uct In violation of the ordlnnnces of the town and bring such person before the Justice of the peaco to bo dealt with according to law. H Sec. 58, Receipt for Property Taken From Person. Whon money or other property lb taken from a person nriCBted upon u charge or publlo of- iense. tho officer taking It must at tho tlmo. give, to such person n receipt thorefor, specifying particularly the amount of monoy nnd the kind of property taken. Seo. 59. Keep Register. The marshal shall keep and cnuso to be kept 'I a register of arrests. H Sec. GO. Duties as Jailor. It shall bo tho duty of tho marshal to take charge ot tho town Jail, to causo tho samo to be lighted and warmed, when It shall bo necessary, and keep clean and In proper order, He shall have custody of the Inmates thereof, and shnll tee to feeding nnd otherwise car- I 'i I i lngfor same. Ho shnll furthermore see tlint the rules for the government of tho Jail aro carried Into effect. ; . .Sec. 61. Nuisance .Reports. "''ho marshal shall cause to be abated, or "moved any nulsanco 'found within the limits of the town. - CHAPTER XIII. 4S ,w SUPERVISOR OF STREETS. POLL TAX. : See 82. Office Created. -The oillco of supervisor of streets, whoso np- Ipolntmcnt, duties, qualifications, and term of ofllce shall be as In these ordinances or-dinances provided; the marshal shall be ex-offlclo supervisor of streets. Sec. 63. Duties. It shall bu the duty of the supervisor of streets to "- tnko charge of all tho streets and sidewalks, bridges and culverts In the town and superintend all work dono thereon, both public and private, whether done under contract or otherwise; provided, that ho shall at all times bo bubject to an act under the directions of the board of trustees. During tho progress of any Improvement he shall, nt least once a month, report the progress and condition of such Improvement, nnd ho shall faithfully observe ob-serve and report whether any breach Is made In the terms of any contract In pursun'neo of which any such work or Improvement Is In progress. No Work done, upon the Btrcets under any contract shall bo paid for In full until tho supervisor of streets shall report the samo to bo complete. Sec. 64. Enforce Ordinances, Etc. The supervisor of streets shnll sec that all ordinances, resolutions, or orders of the board of trustees relating to streets are properly enforced nnd obeyed, He is hereby authorized nnd Tequlrcd to tnko such measures, under tho direction of the board of trustees, as may bo necessary to keep the streets free from filth and nuisances. Sec. 65 Encroachments. If ' street Is encroached upon by a fence or building or otherwise, tho supervisor of streets mny, orally or In writing, require the encroachment to bo removed. If such cncronchmcnl Is not removed re-moved or commenced to bo removed, and the removal not diligently prosecuted, prose-cuted, within ten dnys after the service of such notice, tho supervisor shnll re'movo the saino at tho expense of the person or persons who caused, owns, or' controls such encroachments. Sec. 66. To Take Charge of and Deliver Tools, Etc. It shall bo tho duty of the supervisor of streets to tnko charge of all tools or other material or property belonging to tho town nnd employed In the working of streets. He shall deliver up to his successor In ofllce, or to whomsoever tho bonrd of trustees, may authorize to receive the same, all books, papers, vouchers and tools, and all property of every kind and description under his control and . belonging to the town, nnd shnll furnish a list or the same to tho town clerk. Ho shall perform such other duties as are or mny be prescribed by lnw or by ordinance. CHAPTER XIV. POUND AND POUNDKEEPER. Sec. 67." Pound Established. A town pound Is hereby established nnd It shallHe the duty of tho town marshal to procure a safe and secure place for such pound where nil animals seized or taken up In pursuance of theso ordinances may bo Impounded. Said pound shnll be under tho control of theyVown ninrshnl who Is hereby made poundkeeper. Sec. 68. Duties of Poundkeeper. it shall be tho duty of the town ninrshnl ninr-shnl or his assistants to Impound all cattle, horses, mules, sheep, goats or swine, running nt lnrge, or herded, picketed, or staked out upon any street, Hide-walk, liflie, road or alley, or other public place within tho limits of this town. Provided, tlint nothing herein shall be construed ns to prevent any person from driving milch cows, horses, mules, cnttle or other nnlmnls from outside of tho town to an lnclosuro within tho town limits, or from any enclosure within tho town, to out-side districts. Sec. 69. Taking Animals Unlawful. Any person who shnll take any nnlninl out of tho possession of any person lawfully holding tho same under tho provisions of this chnptcr, cither by stealth, force, fraud, or other-wlso or who shall. Intercept or hinder any person lawfully taking up or attempting attempt-ing to take up tho same, shall be deemed guilty of an offense. Sec. 70. Notice of Sale of Animals. A soon ns any animal shall ; come Into tho possession'of the poundkeeper, ho must cxnmino tho same for marks nnd brands, nnd mako diligent search and Inquiry to nscortnln tho owner thereof, by oxnininliiR all brands sheets In his possession, and shnll advertiso tho said nnlmnls for sale, and proceed to sell the snmo unless claimed arid tnken nway before bucIi sale. All animals Impounded as herein here-in provided shall be advertised for sale by posting notices for a period of H- not less than ten dnys, In threo of tho most public places In the town, one of which shnll bo at or near tho Post Ofllce, nnd by filing with tho town clerk a copy of said notice, and by publishing the same In at least ono issue o. some newspaper or general circulation In tho county, prior to such saio. , Said notice shall state a full description of said animals together with nil marks nnd lfrnnds, date when Impounded, together with date and hour of JEv X. Ka,e as nforesald, and tho plnco where such salo will be hold. Should the '' nn,ne of tne owner be uscertnlned heroic such sale and such owner live wtth-v wtth-v In tho limits of this town, the marshal will Inform him personally of the M ,Sl empoundlng or sold animals, ns soon ns the said mnrshnl shall ascertain tho nnme of such owner, nnd shall he entitled to the fees thereror ns prescribed by lnw ror notirying owners or trespassing animals, but should tho owner live outsido or the town limits, then tho said poundkeeper shnll Immediately after ascertaining the name of said owner, notify him by registered letter of tho expounding of said animals, giving full description of tho same together to-gether with date and hour of salo unless claimed. ii9flv If nt any time before salo the said nnlmnls are claimed and proven to bo tho t BT" property of any person, tho said animals shall bo delivered to said claimant LHftf upon tho payment or all charges and costs against the same. Seo. 71. Record of Impounded Animals. Tho poundkeeper shall keep f n full and nccurnto record or nil aulmnls Impounded, Including n full nnd B complete description of tho snme, nnd ahull keep n record of nil salea made, nnd tho disposition of the proceeds thereof, nnd shall report quarterly to jr"'"'-- the board of town trustees all sales mnde, and shnll turn tho reslduo "thereof Hf 4 " Into town treasury and the Bald amount so turned In Bhnll bo subject to tho -PkmL order or tho owner or said animals so sold ir applied Tor within six months, ftlBW nml ,f "ot nM,,."e(1 for within C months from the date of sale.then said nmount B,la" 1,0 I''006'1 to tno cret,,t of "10 town, and all animals sold as herein pr'o- ' V fiwM vided shall bo sold subject to redemption ns provided by law. El W3 ? CHAPTER XV. IBf BOARD OF HEALTH! ec' Creation. Tho health board shall bo appointed by the board TmP' "" ot trul)tees' which bonrd shnll consist of threo persons, ono or whom shall hIWi jf 1)01 wnen practicable-, n physician, n graduate of a regularly chartered mcdl- NKJ ,r cal college, who shnll bo tho executive ofllcor of the board and bo known ns ijh tho health officer. The chairman or the bonrd of health shall be a member l-pl Seo. 73. Duties and Powers. The board of health shall supervise all 'Wilt matters pertaining to tho sanitary condition of tho town, nnd shall have E.Mr power and authority to order nuisances or tho cnuse of any special disease $IKf ,r n,ortn,,t' t0 h0 nuatetl niuI removed. It shall bo tho duty of the town r$B board of health and the health ofllccrs to use diligence In tho discovery or 1 ;' contagious nnd infectious disease, to maintain strict qunrnntlno nnd to mM t - cause nil infected persons nnd premises to be disinfected In accordance with sJjftB the rules or tho state board or henlth. Said disinfection shall be performed ftjl ' hy tho health officer or In case of his absence or disability to act, by sonio 'jfojlt other member of the bonrd of henlth. In no enso shall nny disinfection if H performed by members or u qunrnntlned household bo accepted as compll- 'j H nncb with this section. H any health officer shall fall or refuso to kcop Si proper records, make reports, oiiforce quarantine, 'disinfect Infected per- ' , If , tons or premises, or to perform any or tho duties provided by law, ho shnll ' H be deemeiLgullty or n misdemeanor, nnd upon complaint mado by tho state " Kl boajd'orhelth, it shall be the duty or tho board or trustees to give said Sjb'Hl beUi ip5Hcertn hearing, nnd ir tho charges nro sustained, they shnll im- jEgji'M flatofy retnovo him and appoint his successor. , W , (;ge4$It shn" b0 tl' dutv ()t th hoard or health to tako notice or 1 n'mfrforjio all tho health laws or tho town, nnd all ordinances rolntlng to VhjwWijury condition or tho town, to make nnd enrorco such rules and reg- i'BmfajA'-' "jfoffi11' not ,n conflict with tho laws of this state or the ordinances of the MPlgfe towni'ns may be necessary for tho government of tho board, tho transaction flM? . , of business, and the proper dlschurgo of Its duties. It shall keep a record V - - ' of 0,1 "B l,roceetlnK8 nni1 "hall report In writing to tho board of trustees on ' " ? fiUCh t,n8 "S"t'rB trU8tCeS reiulre' alt its l,rocee1,nB8( and tho sanitary condition of the town. Contagious, or infectious diseases, nnd such other matters within their knowledge or Jurisdiction as tho board of trustees trus-tees shall require; and they shall make such recommendations to tho board of trustees ns In tho opinion ot said board or health may promote Jhe sanitary sani-tary condition or the town. Tho board of henlth or the health officer shnll report to tho secretary of the slate board of health at such times as 'the stato board may require, such matters and things within their knowledge or Jurisdiction as the stato board shall require. Sec. 75. Penalty for Violation. Any person who violates, disobeys, omits, neglects or refuses to comply with, or neglects to obey nny ot tho rules, orders, proclamations or sanitary regulations or the board of health or health officer, or omits, neglects or refuses to obey special regulations or 'said board or health or health ofllcer, shnll, upon conviction, be fined In nny sum not more than one hundred dollars. All phyHlclans and midwlves shnll, nt tho end ot ench quarter, return to the board of health a statement of each birth, giving nnmo In full, sex, race nnd color. Also tho name, age, nativity, occupation and residence of parents; if nt any birth no phy-slclnn phy-slclnn or midwife-attends, tho parents must make such report. ' Sec. 76. Prohibit Public Meetings, When. The board of health shall, when In Its Judgment tho public good requires It, prohibit nil public meetings or nssemblngcs of any kind, or tho keeping open of schools, or nny public funeral, within tho limits of the town of Garland. CHAPTER XVI. NUISANCES. Sec. 77. Nuisance Defined. A Nuisance is an offense against tho order, or-der, economy, snfety, convenience, or henlth ot the town. Sec. 78. Stable, Pigsty, Etc., When Nuisances. If the owner or oc-cupunt oc-cupunt or nny livery stnble, cattle yard or shed, barn, slaughtering house, skinning or condoling estnbllshmcnt or nny pig-pen or sty wherein ono or moro swlno nvo kept and ted, or other place in this town, shnll suffer or permit tho same to becomo nnuseous, foul or offensive to the nnnoynnco of the citlzeim of this town, or to nny one of them or In any stato or condition detrimental to the health of the citizens residing or passing in jthe vicinity of such place, tho same shall be deemed a nuisance. Sec. 70. Unclean Drain, Etc. If nny person causes or permits, within tho limits or this town, nny unclean, stinking, foul, dercctlve, or filthy drnln, ditch tank or gutter or nny leaking or broken slop, garbage, or mnnuro box, or receptnelo of slmllnr chnrncter, to rcmnln on his premises, the same shall bo deemed a nuisance. Sec. 80. Vegetable Waste. All vegetable waste, garbage, litter, filth, or reruso or any nnture, kind or description which shall bo detrimental to the public health, round In or upon nny private alley, yard, or area within the town limits unless the Bame is temporarily deposited ror removal, shnll bo deemed a nuisance. Sec. 81. Dead Animals. Any horse, cow, ox, dog, sheep, cat, or other animal or rowl that shall dlo within the town limits, nnd the carenscs or which shall not bo burled within twenty-four hours nftor death, shall bo deemed n nuisance. Sec. 82. Offensive Matter in Streets. Any stale, putrid, noisome rat grease or other offensive motter which shnlTbo kept, collected or used In nny manner detrimental to tho public health, and nny wrapping paper, hand bills, old clothes, boots, shoes, lints, tin cans, broken dishes, nshcj, or any combustible material, or any rubbish whatsoever, thrown Into or upon tho street, alley, sidewalk, gutter, ditch, aqueduct or canal or vacant lot, shall be deemed n nuisance. Sec. 83. Certain Trees, Etc., a Nuisance. AH dead trees and all trees which havo or may be partially up-rooted or blown over so ns to bo In danger dan-ger of fnlllng, or which In nny manner obstruct nny street or sidewalk, and nil trees, tho limbs or which overhang the street or sidc-wnlk to n height less than eight reet, within the limits or this town, nro hereby declared a nuisance nnd shall be removed by the owner thereor. Should the owner of such trees fall to removo tho snme, or nbnto such nuisance, within flvo dnys, nrtcr being notified so to do by the town marshal, then such trees shnll be removed or such nulenncc abated by tho town mnrshnl, or supervisor or streets nt the expenso of such owner, . Sec. 84. Other Things Deemed a Nuisance. Every act or thing done or made, permitted, allowed, or continued on any property, public or private, pri-vate, by any person or corporation, their agents or servants, detrimental to health, or to the damage or Injury of nny ot tho Inhabitants or tho town, not hereinbefore specified, shall bo deemed n nuisance. Sec. 85. Marshal To Report Nuisance. it shnll bo the duty of tho mnrshnl mnr-shnl nml police to observe the sanitary condition of tho town nnd report to tho henlth ofllcer promptly nny nuisance or accumulated filth, or any condition detrimental to the public health, found In nny portion of tho town. Sec. 86. Penalty For Violation. Any person or persons who shnll be convicted of being author oi keeper of n nuisance, or otherwise guilty of n violation of any provisions of this chapter, shall bo fined In nny sum not less than one hundred dollars. Sec. 87. Notice To Abate Nuisance. in order to better carry out tho provisions of this chapter the henlth officer mny seryo n notice In writing upon tho owner, occupant, or agent of nny lot, building, or premises In or upon which nny nulsanco mny bo round, or upon him who may bo the cause of such nuisance, requiring him to nbnto tho snmo In such manner as tho health officer mny direct, nnd within u reasonable time; nnd ir such owner. occupant, or agont shall neglect or retuse to comply with the requirements of such notico within the time specified, ho shnll bo deemed guilty of n misdemeanor mis-demeanor and upon conviction thereof be ilnd in any sum less than ono hundred dollars. Tho failure to give notico ns provided herein shall not relievo tho author of any nulsanco or tho ponnltles provided In this chapter. Sec. 88. Duty and Power of Health Officer. U shall bo tho duty of the henlth officer to nscertnln nnd cnuse nil nulsnnces declared to bo ns such In this chapter to bo abated, and he shnll hnvo authority, either by himself or l.y his agents, employees, or deputies, In the. dny time, to enter any Iioubo, store, stnblo or nny building, In order to mnko a thorough examination of ccllnrs, vaults, sinks, or drains; to enter upon nil lots and grounds nnd cuuso nil stagnant waters to be cleaned, filled up or otherwise purified, nnd to cnuse all nolsomo substnnces to bo removed or abated. CHAPTER XVII. LICENSES. Sec. 89. Doing Business Without a License. Kvery person who commences, com-mences, oi cnrrlec on any business, trade, profession or calling, Tor the transaction or currying on or which n llceuso Is required by the ordinances of tlilt: town, without taking out the license required by such ordlnnijco, Is guilty of an offense, Sec. 00. Free Licenses. if ny person shall furnish such ovldonco ns shall satisfy tho board of town trustees, that ho or shu, by reason of misfortune misfor-tune or physlcnl Infirmities, merits exemption from tho payment or nny license lic-ense herein required, the board or town trustees may remit such license. Sec. 01. License to Contain What. Assignment. Every license shnll speclty tho nnmo of tho person, firm or corporation to whom It shnll bo Issued Is-sued the amount paid and shnll dcslgnnto the particular plnco at which tho business licensed shnll be carried on. No license granted shall bo assign-able assign-able or transferable except by permission of the bonrd .- Sec. 02. Penalty. Whoever violates nny of tho provisions or requirements require-ments contained in this chnptcr, where tho penalty Is not otherwise provided, provid-ed, shall upon conviction thereof, bo punished by u lino In any sum less than ono hundred dollars. Sec. 03. Auctioneers. No person shnll bo allowed to sell or expose for pnlo, within the limits ol this town, without first obtaining a llceuso for such purpose, for which such person shall pay Into tho town treasury the sum of flvo dollnrii for each day whllo engaged In such business. Sec. 04. Merchants and Retailers. Evory merchnnt or retailor of General Gen-eral Merchandise, before commencing or carrying on hi business, shall mnko n stutement of the cash value of all goods, wares and other merchnn-dlso merchnn-dlso which ho mny have In his possession, or under his control, whether owned by him or conslgnod to him for sale, Which statement shall bp sworn to boforo nny person authorized by law to administer un oath, by tho merchant, mer-chant, or retailer, or his duly authorized agont; provided, Hint If any mor-chunt mor-chunt or letnllcr shall Increase his stock beyond tho limit of his class of Luslness during (ho period or his license, ho shall procure an additional llceuso for such Incrouse, Tho Town clerk, shall file all such statements. In alphabetical order. Upon filing of such statement, nnd , paying JJicnmount charged ns here- In specified, a quarterly license shnll be Issued by the Town clerk thereon as follows: On a stock of less than $200.00 $ 2.00 , Over 200.00 up to nnd Including $ 500.00 3.G0 A Over' 000.00 up to and Including 1000.00 5.00 ' Over 1000.00 up to nnd Including 2000.00 C.25 Over 2000.00 up to and Including 3000.00 7.50 Over 3000.00 up to nnd Including 4000.00 S.'SO' Over 4000.00 up to and Including 5000.00 9.50 Over 5000.00 up to nnd Including COO0.00 10.00 Over 6000.00, at the rate of 50 cts. per $1000.00 or fraction thereof. The provisions of this section shnll Include nil dealers In dry-goods, drugs, men's and ladles' furnishing goods, notions nnd all other classes of merchandise, but shnll not bo construed to nuthorlzo nny person to sell or otherwise dispose of spirituous or vinous, fermented mnlt or other Intoxl-eating Intoxl-eating liquors. '' Sec. 95. Ice Cream Parlors. Every person who conducts or mnlntalns nny Ice-crcnm stand or parlor, where Ice-cream, soda-water or other summer sum-mer dollcnclcs arc sold or other-wlso disposed of, shall pay a license for the conducting of said business, nt the rntc or $2.00 per quarter, nnd no license shall bo granted ror less time. Sec. 96. Boarding Houses. Who-ovor shall rent rooms furnished, or unrurnlshcd, nnd board the occupants of such rented rooms, or board nnd lodge over live and not exceeding twenty persons, shnll bo deemed n boarding house keeper. Every boarding house keeper shall make n stntcnicnt, duly Verified as to tho locution of the house, the number of rooms contained In such house, and the number of persons such house will reasonably accomodate. ' . Upon tho filing of such statement, nnd the payment of tho amount herc-innfter herc-innfter mentioned, the town clerk shnll Isssue a quarterly llccnso thereon ns follows: For houses containing rooms Hint will nccomodnte over flvo nnd not moro than ten persons $2.50 For houses contalnng rooms Hint will nccomodnte over ten nnd not moro than twenty persons $3.75 Sec. 97. Hotels. All houses containing rooms tlint will accomodate over twenty persons shnll bo deemed hotels; nnd every hotel keeper shnll Hlo with the town clerk a verified statement of the number of rooms within his house, nnd upon the payment of the nmount ns herclnnrter specified, quarterly licenses shall be issued thereon, ns follows: 10 rooms nnd up to nnd Including 20 rooms $5.0jO Over 20 rooms nnd up to and Including 30 rooms 7.50 Over 30 rooms, nt the rnte of $2.50 ror every ten rooms or rrnctlon. Sec. 98. Lodging Houses. Every house or other building or over threo rooms, whero rooms nro kept tor lodging purposes, exclusively nnd without bonrd, shall be deemed n lodging house. No person shnll open or keep n lodging house without first making n statement, duly verified, of the location loca-tion of the house nnd the number of the rooms contained In such houso, nnd tho purposes ror which It Is Intended to bo used, and upon tho filing of such stntement, nnd the payment ot tho nmount herclnnrter mentioned, tho town clerk shnll Issue n quarterly llceuso thereon as follows: For houses, contnlnlng over three rooms, nnd up to and including twenty tw-enty rooms $3.00 For houses contnlnlng over 20 rooms $G.OO Sec. 99. Restaurants. Who-ever shall keep any house or place for the furnishing of meals without lodging Is declnrcd to be n restaurant keeper. Every such restaurant keeper shnll mnko n duly verified stntement of the greatest number or persons ho can furnish menls to nt ono time, and upon the filing of such stntement, nnd the payment of the nmount heroin provided, the town clerk shall Issue a license thereon as tollows: For restaurants uble to accomodate less than ten guests nt one tlmo the sum of $2. GO More than -ten and less than twenty guests $5.00 Moro than twenty nnd not over thirty guents $7.50 More than thirty nnd not over forty guests $10.00 -Y More than forty, at the rntlo of $2.50 ror every ten guests or lc38. ' Sec. 100. Butchers nnd Slaughterers. Every butcher or slaughterer located within tho limits of this town shnll pay a quarterly license of $3.00 on such business so located. Sec. 101. Peddlers. No person shall peddle, hawk, or offer for sale, barter, or exchange nt retail, any garden or farm products, butter, eggs, poultry, fish, game, meat, medicine, or other goods, wnres, or merchandise or vehicles of nny kind, without first obtulnlng a. license therefor, as follows; fol-lows; and tho payment thereof In advance: For peddling meat n quarterly license of $3.00 For peddling, vcgetnblcs, fruit, and garden products n quarterly llceuso of ' $4.00 For peddling butter nnd eggs, n quarterly license ot $2.00 Provided, that nothing herein, shnll ho deemed to npply to persons offering ror sale any butter, eggs, vegetables, fruit, or garden products grown nnd raised by said parties, themselves. For peddling notions nnd smnll wares, n quarterly llceuso of$5.00 ' For peddling merchandise and otjier properly not other-wlso licensed under this chnptcr, n qunrterly Hcciibo or $25.00 For peddling medicine, u qunrterly llccnso or ...""$Io!oo For peddling, machinery, wagons, buggies, or other "implements or vehicles, n qunrterly license or $25.00 For peddling stoves, ranges, tools or hnrd-wnrc, a qunrterly llconso or Provided; that nothing In this section shall be construed to prohibit any rogulnrly established and licensed merchant within tho limits ot tills town rrom selling or other-wlso disposing or nny or tho articles herein mentioned! Sec. 102. Wagons and Machinery. Every person, eorporntlng or firm, who shnll engngo In the selling or other-wlso disposing or, wagons vehicles agricultural or farm Implements, nnd shnll establish such business within the limits of this town, shall before establishing or engaging In such business, busi-ness, procure a license therefor nnd shnll pay the town clerk tho sum or ton ($10.00) dollnrs per quarter, In ndvnnco tor such llceuso nnd no person, per-son, firm or corporation shall bo allowed or authorized to engage In tho business herein specified, by reason of u merchants or any other license other than Hint provided for In this section. Sec. 103. Exhibitions. Deroro nny person shall ongngo In tho' vocation voca-tion or culling mentioned In this section ho Bhnll obtain n llconso nnd pay Into tho town treasury, In advance, the following sum for each day: For n license for a slight or hand or other trick nmuscment $4 00 For n license ror exhibiting machines ' .00 For n license for freaks of nnturo. -....!""!"" 3 00 For a license for learned nnd skilled nnlmnls "!!!Z""g!oo For n license for theatrical representations, bnlls, concerts lectures or other entertainments ror which mi admission rcc Is charged glvon in buildings not licensed ror that purposo ...$3.00 Sec. 104. Dentists and Photographers, Etc. Every porson who shall practice tho prorcsslon or calling or a dentist, photographer, surgeon physician, phy-sician, apothecary, or druggist, shall pay a quarterly license of two dollars In advance into the town treasury before engaging In such pructlco profession, pro-fession, trade or calling. ' r INTOXICATING LIQUORS. Seo 105. License Necessary. No person shall manufacture sell barter, bar-ter, dcal-out, or otherwise dispose or any spirituous, vinous, mult or 'other Intoxicating HquorS, without first obtaining from the bourd of trustees or this town, n llconso therefor, In tho mnnner provided by law 11 q njn 1242-1248, ' lajn, Seo. 106. Defination of Classes. A manufacturer, as contemplated horoln, Is 0110 who manufactures any or tho uforo-nientioncd llquori nnd ' sells or othorwlso disposes or tho sumo at wholesale, as rollows- ir In'keirs not less than two gallon; ir In pottles, not less than ono dozen hut In no case shnll nny or tho said liquors bo sold or otherwise disposed of to bo drank upon the premises whero manufactured. ' A wliolesalo dealer, as heroin contcnipluted, Is one who sells or otherwise other-wise disposes of nny of such liquors, In nny quantity, not to ho' drank upon tho premises whero sold. .... A retnll dealer, ns herein contemplated, Is ono who sells, or otherwise disposes of nny of the snld liquors In any quantity, uIbo by tho gluss, or drink, to bo drank upon tho premises whore sold. Sec. 107, Amount of License. Tho following specified sums shall bo -mmMWWiWSaMAlMWIW 1 ' 1'f W i' HI NIW i' ' 1 I paid quarterly, In ii.lvnncc, Into the town treasury, for each license herein provided for: . , . , m I'lrst, as a manufacturer $100.00 ;M. f 'Second, ns a retailer ZZZIZ Z"" 3 200.00 'M V Third, ns a wholesale dealer 100.00 Sec. 108. Refusal for Good Cause, Revocation. ny application for such llconsc niny be refused for good cause, In the discretion of the hoard of town trustees, and no such license shall he granted to any establishment, except n hotel, located within threo hundred feet of any public school building being used for that purpose, or within fifty feet on any theatre, yrS&fgrvnrlety theatre, concert hall or like place of amusement, and any license VlW granted may bo revoked by the board of trustees for good cause, In tho manner provided by law. Sec. 109. Selling to Minors, Etc. Any person who shall give, sell or ofttenvlsc dispose of any Intoxicating drink to nn Insane 'or Idiotic person, or any person licensed as herein provided, or any other person, who shall give, sell, or otherwise dispose of any Intoxicating liquor or drink to any minor, or who shall permit any of said persons to enter or remain In his placp of business where liquors are sold, or who shall give, Bell or otherwise other-wise dispose of any intoxicating drink to any person who Is known In tho community as a habitual drunkard, shall be deemed guilty of an offense. Sec. 109-a. shall be unlawful for any person operating n saloon or place where Intoxicating liquors arc sold, to have therein any chair, sofa, btool, or other furniture commonly used for sitting or lying upon, juid any owner, proprietor, or employee of such place who permits any of said articles arti-cles to remain or be In his said saloon where Intoxicating liquors arc sold shall be guilty of n misdemeanor, Sec. 109-b. It shnll be unlawful for any person to enter, bo or remain In any saloon or place whero Intoxicating liquors arc sold or any pool or billiard hall, between tho hours of 11 o'clock p. m. and 5 o'clock a. m., or upon the first day of the Week, commonly called Sunday, and any proprietor, proprie-tor, owner, employee or nny other person who Bholl enter any such saloon or place wherein Intoxicating liquors arc sold or any pool room or billiard hall during the time herein prohibited shall be guilty of a misdemeanor, provided that such proprietor, owner or employee or other person may enter, when absolutely necessary, said place or' places for the purpose of irotectlng the property. Sec. 110. Sunday Selling, Gambling, Etc. Any person licensed as herein provided, or nny person neglecting or refusing to so obtain a license, us herein provided who shall either; 1. Sell, give nway, or otherwise dispose of any Intoxicating drink at any tlmo during the flrut day of the week, cohimonly called Sunday, ex'cept for medical purposes upon the prescription of a physician, or 2. Permit on hie premises where such Intoxicating drink Is sold, nny gambling, by means of dominoes, cards, dice, or other articles, or any other description of gambling; or 3. Permit dnncing, drunkenness, sleeping, or lodging in the night time or who 'shall permit nny disorderly conduct In his saloon licensed for the sale of liquors, shnll bo deemed guilty of nn offense. Sec. 111. Musical Instruments in Saloon. -Any saloon keeper who keeps oi operates either as owner,, agent or employee, a musical Instrument of any description or allows one to be kept used or operated In his plnco of business shall be guilty of an offense. Sec. 112. Selling on Election Days. it shall ho unlawful for any person, per-son, whether licensed or unlicensed, to sell, glvo nway, or In any manner dispose of, directly or Indirectly, any spirituous, vinous or other Intoxicating liquors on any part of any day set opart, or to bo sot apart for any general or special election for any statu, county, municipal, dls- . trlct, or precinct offlcer, except members of the board of education, or district dis-trict school trustees, except for medical purposes, upon the prescription of . ' a physician. Any person violating tho provisions of this section, shnll bo deemed guilty of nn offense. Sec. 113. Physician's Prescription. If False. Any physician who 'yf irfn'l Issue to any person a prescription to obtain nny Intoxicating .liquors ' at any time when the sale or disposal thereof shnll hhve been forbidden by law, ordinance, or proclamation, shall certify on said prescription thnt the lieulth of the person to whom the prescription Is Issued requires, and Would be promoted by tho particular kind of liquor prescribed. Any physlclun who shall Issue nny prescription for Intoxicating liquors li-quors continry to this" section, or believing the snme to be fnlso shnll bo guilty of nn offense. Sec. 114. Proclamation Forbidding Sale oivLegal Holidays. Tho president presi-dent of the hoard of town trustees, whenever In his Judgment tho public good shall demand it, may forbid, by proclamation, the sale or disposition In nny manner, within the limits of this town, nny spirituous, vinous or other Intoxicating liquors, upon any day designated, or set apart In this blate as a legal .holiday. Sec 115 (ID) Penalty Any person, whether licensed or not, who shall soU. give nway. or In nny manner dispose of for gain, any spirituous, vinous or Intoxicating liquors, upon any day, when such sale or disposition shall hnvo been forbidden by proclamation, except for medical purposes upon tho' prescription of a physician, shall bo guilty or nn offense. Sec. 116. Bar Room, How Arranged.-Tbo front wall or nartltloii of nil bur-rooms or other plnces whero liquors nro sold at retail, or otherwise, shall be constructed In pnrt of clear unpalnted glnss from n height not to 1 exceed four feet from tho sidewalk up, and so arranged thnt n free, tin-ni.Ktrm.to.i tin-ni.Ktrm.to.i vlnw of the Interior enn bo had irom the sidewalk and street. Sec 116-a No screens, blinds or other obstructions to be used on tho window's or In the building "t nny time for nny reason. See 116 b No bnr room shnll hnvo more than two entrances, one In front and one In tho rear." All other doors or entrances lending Into the street or Into buildings or roonls adjacent thereto shall bo closed In a manner that will bo approved by the board of trustees o tho own. ec llfl.o If a bllllnrd hall Is operated In connection with n Bnloon nny partition or obstruction tending to make two rooms shall bo removed. Sen llfhlAny vlolatloi of any ordinance herein mentioned In regard to saloon business or saloon buildings shall be sufnclent cause for tho re-vocation re-vocation of license. , . See 117 Penalty. (ID.)-Any person violating the provisions of the nex't preccedlng section shall be deemed guilty of an offense. c iiq TUlHnrd Tables No person shnll keep or uso In any public placed "t tSfSymtrd or poo, table or any pin or ball alley or h T, "Ino or ten pin alley, or the runway or runways of either. In or on which Af P't!a ..froretStctffi-Jhal. state the number and kind of r"IiL 3 or ball, nine, or ten pin alleys, and the runways thereof, to be V licensed, and the place of keeping the same. Upon the filing of such application, and tho payment of tho sum of three dollars per quarter, into the town treasury, In advance, for each nnd every pin or ball tnble, nlno. or ten pin alley, nnd runway thereof sped- fled In snld application. ,,,, Seo 120 Rstrictions No person licensed as provided In tho forc- Roljig section shall permit nny minor to be In and remain within his plnco . r oMnislness whero such games are played. Ho shall prohibit drunkenness or any kind of disorderly conduct within with-in his plnco of business, nnd shnll not keep such pluce of business open before the houV of five .'clock a. m nor nfter the hour of eleven o'clock p. in., on any day of tho week, ' r.or at any tlmo during tho first day of tho week.commonlyltnown ns Sunday. Any person violating tho provisions of this section shnll bo deemed guilty of an offense. " 'fe' ' ' CHAPTER XVIII. fin D0GS- r 121 To be Registered. Tax. It shnll he unlawful for nny person 4 to own or keep within the limits of this. town, nny dog. without making T application to the town clerk for thnt purpose, and pacing Into tho town treasury the sum specified below as nn annual tax upon said dog, and hnv- f Ins tho sumo registered. - , . . , J , , , Upon tho payment as aforesaid of the sum of two dollars for each femalo dog, and the,, sum of one dollar for each mnlidog, ns tin annual tax thereon, and application mmlc, the town clork shl register tho applicants appli-cants name nnd a description of tho dog, ilnd gly theJtppllcunt n certificate certifi-cate of registry. A , - . ' Sec. 122. Collars and Numbers. Ml logs so registered shall wear a Editable Collar to'.Ith ft metallic plate or check attached thereto, having a number corresponding with tho number of the certificate of registry, In-scrlbd In-scrlbd thereon, nnd all dogs not registered and collared as aforesaid shall be liable to be killed r.s uu-rcglstcrcd dogs. The marshal Is hereby authorized to kill or cause to be killed all dogs rot registered according to tho provisions of this chapter.' Sec. 123. Female Dogs. Any female dog running at largo while In heat shnll be liable to be killed. Sec. 124. Permitting in Place of Worship. Any owner or possessor of n dog permitting the sumo to eutci or be In any place of worship during public service, shall be guilty of nn offense. Sec. 125. Dangerous Dogs at large. U "y owner or possessor of a fierce, dangerous, or mischievous dog, penults the same to go at large, ho shnll bo deemed guilty of an offense. Sec. 126. Penalty for Killing Registered Dog. rny person who shall hill, or cnuso to be killed, any dog registered as In this chapter provided, except a femalo dog In hent, or one actually engaged in tho commission of somo dangerous or mischievous act, without tho consent of the owner or possessor thereof, or deprlvo n registered doe of lt collar, or put n registered regis-tered tag on any dog not registered, shall be deemed guilty of n misdemeanor misde-meanor and upon conviction thereof shall be punished by a flnb not exceeding ex-ceeding twenty-five dollars. Sec. 127. Penalty. Any person-violating nny of the provisions of this chapter shall be deemed guilty of an offense, and upon conviction thereof shall bo fined In any sum not exceeding twenty-five dollars, or Imprisonment Im-prisonment In Jail for not more than twenty-five days, or by both such line r ml Imprisonment. CHAPTER XIX; Sec. 128. Children Shall not be on'Streets, When. Thnt Is shnll be unlawful for any person under eighteen" years of ngeto be or remain In or upon any' of the streets, alleys, or public places Instills town at night, after the hour of nlno o'clock, unless such person Is accompanied by a parent, guardian or other person having the legal custody of such minor person, or Is In performance of an errand of duty directed by such parent, guardian, or other person having the legal custody of such minor,, or whose employment makes it necessary to bo upon said streets, alloys, or public places' during -the night tlmo after tho aforesaid hour. 'Sec. 129. Penalty. Any person violating the provisions of this foregoing fore-going Ecction shall be deemed guilty of an offense, and upon conviction thereof shnll be fined In nny sum not exceeding flvo dollnrs, and shall stand committed until such fine Is paid, provided that no minor arrested under the provisions of the foregoing section shall be Imprisoned until they hnvo first been taken home to ascertain tho parents wishes, and the parents par-ents shall have refused to be held responsible for the observance of the provisions of this chapter, by such minor. Sec. 130. Curfew Signal. The curfew slgnnl shall consist of twenty taps upon tho town bell at tho tlmo. mentioned In section one, and It Is hereby mniie the duty ol the marshal to properly give such curfew signal. CHAPTER XX. GENERAL OFFENSES. Sec. 131. Disturbing the Peace. Every person who maliciously and wilfully disturbes the peace or quiet of any neighborhood, family or person per-son within the limits of this town, by loud or unusual noise, by tumultuous tumultu-ous or offonslvo conduct, or by threatening, traducing, quarreling, challenging challeng-ing to fight, or by fighting, shnll be guilty of nn offense. Sec. 132. Disturbing Meetings. Hvery person, who, without authority of law, shall within the limits of this town, wilfully disturb or break up any assembly or meeting not unlawful In Its character, or who wilfully disturbs or disquiets an assemblage of peoplo mot for religious worship, by noise, profane discourse, rddo or Indecent behavior, or by unnecessary noise whether within the place Where such meeting is hold, or so near It as to disturb the order and solemnity of bucIi meeting, Is guilty of art offense. Sec. 133. If two or more persons assemble within tho limits of this town for tho purpose of disturbing the public peace, or committing nny unlawful act, and do not disperse on being requested or commanded to so do by a! public officer, tho persons so offending are severally guilty of nn offense. Sec. 134. It shall bo unlawful for two or more persons to ussemblo up-1 on tho side-walk In front of nny business place If in so doing they obstruct or in anyway lnterfer or Inconvenience passers by. Sec. 135. Drunkenness. Every person found drunk or Intoxicated In or upon nny street, alley, highway, or public place within tho limits of this town shnll be guilty of nn offense. Sec. 136. Vagrancy, Begging, Prostitution, Etc. Every person who, within tho limits of this town, except an Indian, without, visible menus of living, who Iuib tho physical ability to worli, and does not for a period of ten days seek employment nor labor when employment Is offered him. Every healthy beggar who solicits alms ob a business; every person who loams about from place "to plaeo without nny lnwful business; every Idle or dissolute person, or nssoclnto of known (helves, who wnnders about the streetn at late or unusual hours of the night, or who lodges In nny bnrn, shed, shop, out-house, hay or straw stnek, or plnco other thnn such ns Is kept for lodging purposes, without tho permission of tho owner, or party entitled to the possession thereof, nnd every lewd and dlssoluto person who 1 lives In and about houses of Ill-fame, Is a vagrant, and guilty of nn offense ns such. Sec. 137. Houses of Ill-Fame. Every person who shall keep a house of Ill-fame or bawdy or other disorderly house, or be nn Inmnto thereof, or resort thereto for lewdness, or knowingly, own or be Interested In ns proprietor pro-prietor or landlord of any such house, or who shnll hnvo or keep nbout his premises nny porsou known ns guilty of following nn abandoned course of life, within the limit of this town, shall be guilty of an offense. Sec. 138. Emploment of Females in Saloons. Every person who employs em-ploys any femalo to servo In the selling, giving away or other disposition, or delivery of spirituous, vinous, or malt liquors In any saloon or place In this town In which such liquors or nny of them nro disposed of or delivered to bo drank on the premises whero o sold, or other wise disposed of, nnd every female so employed nnd serving Is guilty of nn offense. Sec. 139. Selling to Female in Wine Room. No keeper of saloon, tippling tip-pling house, drnm shop, or other place of business whore Intoxicating liquors liq-uors nro sold, shnll hnvo or keep In connection with or us part of such saloon sal-oon tippling house, or drnm shop, nny wine room, or any other place, either with or without door, or doorB, curtain or curtains, or screen of nny kind, Into which any femalo person shall be allowed to outer from the outside, out-side, and thero bo supplied with any kind of liquor, whatsoever. Any porson violating the provisions of this section shall be guilty of an offense. Sec 140. Sale of liquor to Minors, Insane Persons, or Habitual Drun kards. Any person who shall' give, ecII, procure for, or otherwlso disposo of any Intoxicating drinks to any perron under 21 years, either for his own use or for the use of any other person or persons, or who shall permit any such person to enter or remnln In his pluce of business. where Intoxicating liquors are sold, with or without tho written cnoscnt of the parents or guardian thereof, or who shull give, sell, procure for, or otherwlso dispose of any Intoxicating drink to an Insane or Idiotic person or to any person who Ib known In tho community ns n habitual drunkard, shnll bo deemed guilty of n misdemeanor. Any person under the ago of 21 yenrs, who remains In uny saloon or place where Intoxicating liquor Is sold shall be deemed guilty of n misdemeanor; provided, thnt nothing In this section Bhnll apply to tho use, sale, giving, or furnishing of the things herein prohibited, upon tho prescription of u phyBlclnn. Sec. 141. Any person who shnll sell, give, or furnish any clgnr, cigarette, cig-arette, or tobneco In any form or any opium or any other narcotic, In any form to any person under tho age of eighteen years, within the Inmnts of this town, shall bo guilty of an offense, provided, that tho provisions of this section shnll not apply to tho use, sale, giving, or furnishing, nny narcotic nar-cotic upon the prescription of 'a physician.. It. S. 44C0'. Sec," 142'. Children VoYbi ,or80' under Hit age ot eighteen years who shall buy, accept, or have In his possession, within tho limits of this town, any clgnr, cigarette, or tobacco in any form or any opium or any othor narcotic In uny form shall be guilty ot an of-eduncuenh O 0 iH H JIIUJ-.JII LIUIIII l .! I I.. Ill .1.1 ' ' - j$ ' " o H dollars, or by Imprisonment not exceeding ten days, or by both such fine H and Imprisonment. , 1 Sec. 143. Toy Pistols. Aiy selling or giving away a toy pistol tc i any, , other person within tho limits pt this town Is gulty of nn offense, n. S. H i Sec 144 Flinners Any person who shnll uso any nipper or sling for ; amusement; or for destroying birds, or for any other purpose, within the -l ;i limits of this town, is guilty of nn offense, and upon conviction -hall bo fined In nny sum not exceeding five dollnrs, nnd stnnd committed until tho H said fine In Sec 145. Racing on Streets. A? Person who shall by riding or drlv-, g "orntS o? Recklessly run nny horse, mule or other animal in any of the streets of this city shnll be llnblo to a fine In nny sum not exceeding c itr Qt-u Any person owning n city lot or lnud' H udJoKSy SSlPnSffte thereby required to keep said side-. walk in good repair and In tho event of a rnllure to do so the same shall bo repaired at his expense, by the supervisor. , , H w 147 Gates to Swine Inward. All gates, except such as swinging' on SmJ&XSIS nSntT sidewnlks, ata.ll bo constructed as to irevent them from opening outwiird upon said Bldcwnllis. H Sec. 148. Leading Animals Upon Sidewalk.--Hvery ie. son wjo Ual , ride drive, or lead any horse, mule or other nnlniul upon any sidewalk, . - except for tho purpose ol entering or leaving a city lot. or over any foot , bridge, or shnll slop nny tenm or vehicle on any cross walk so as to lm-; pedc public trnvel, within tho limits of this town, shall bo guilty of un- , Sec 149 Fowls M domestic fowls arc hereby prohibited from run- nlngat largo wlthli.U.o limits of this town between 1U flrst day of March . and the first day of December of each year. Any person wilfully nnd knowingly violating tho provisions of this section Is guilty of nn offense, , -and subject to n line. . Sec. 150. Animals Not Hitched.-Any person ,n h V JM being tho driver of any team, horse, or other animal, who shall wh e . Mich team, horse, or other animal 1 standing in tho street or other public places within this town, shall stand near tho head of the Bamc.or have holdor tho lines attached to them or otherwise sccurb theni to some post, or other substantial plate, or fastening prepared for that purpose, or by a load or Iron or othor weight, weighing not less thnn ten pounds attached to tho bit by n strap, rope or chain. Any person violating the provisions ot thlsT section shnll be guilty ot nn offense. H Sec. 151. Cruelty to Animals.--Every person who ovor-drlves over londs, drives when overlonded, over-works, tortures, torments, deprives of 1 ncccssray sustenance, cruelly bents, mutilates, or cruelly hills any animal; or causes or procures tho snme to bo done; nnd every porson hnvlng chnrgo ' or custody of nny animal, either as owner, or otherwise, who mulcts un- necessary cruelty upon the same, or who wilfully fnlls to provide such nnl-, rnnl with proper food, drink, sholter, or protection from tho weather, and every owner, possessor, or person having tho charge or custody ot nny ani-a mal who cruelly drives, or works tho same when unfit for labor, or whoT s? shall abandon anymnlncd, sick, Infirm, or disabled animal to die. wlthlnw tM tho limits or this town or who shall lenve nny tenm, horse, or other nnlirinl hitched, tied, or othcr-wiso fnstoncd, nnd standing upon the streets, alleys,' . lanes highways, or other without unhitching such tenm, horse or other nn!- mal nnd providing tho snmo with proper food, drink, shelter nnd protec- , - tion from the weather Is guilty of nn offense. Sec. 152. Animal in Streets. Every person being Uic owner or having ,; ' . "H .11 his possession, dr hnvlng the charge of any. horso, cow, or other animal, who shall stake tho same out, or knowingly or Intentionally turn tho snmo , loose upon tho .Btrects, nlleys, or public groumU of this town, with the. In-. tout that the samo shajl run at largo, or pasture nnd graze upou the streets,.-tilloys, streets,.-tilloys, or public grounds of (IiIb town, and every person, being tho owner!" or having tho chnrgo of nny bucIi nnlmul who shall knowingly and Inten'- tlonnlly allow and suffer the snmo to bo ut largo nnd grnze upon tho streets; H alleys, or public grounds, of this town Is guilty of nn offense. ft 'H Sec. 153. Defacing Property. Every person, who shnll afflx nny poster?. -show-bill, hand-hill, or uny other printed or written notice, upon any pub- lie building, fence, gate, corral, structure or other property of this town, or who Bhnll wilfully, or maliciously Injure, deface, or destroy any public building, fence, gnto, corral, structure or other property of this town, Is guilty of nn offense. Sec. 154. Keeping Open Place of Business on Sunday. Every person. within tho limits of this town, who keeps open on Sundny nny store, work-v .; shop, bnr, saloon, banking house or other plnce of business for the transaction' v, of business therein, Is guilty of an offense. im" . Sec. 155. Exceptions. (ID.) Tho provisions of the preccedlng sec'-. ; tlou do not apply to persons who on Sundny keep open, hotels, boarding- houses, restaurants, taverns, livery stables, or retail drug stores, for lcgltl-. jH unite business of each. '''3f-' i Sec. 156. Gaming. Every person who deals, plays, or carries on, w'tliJ, in the limits of this town; opens or causes to bo opened,' or who conUuctsJfi, cither ns owner or employee, whether for biro or not, within said limits; uny gnmc of fnro, montc, rcoulette, lansquenet, rougo ot nolr, rondo, orW nny othor gnmo played with cards, dlco or nny other device, for money", . ' checks, credit, or any otlr representative vnluo Is guilty of an offense. X '1 Sec. 157. (ID.) Betting at Same. Every porson who playa nt or bets , against any of snld prohibited gnmes, within the limits of this town, isvj j , guilty of nn offense. Sec. 158. Permitting in House. Every person who knowingly permits,. ? nny of the games mentlonc.d In tho preccedlng sections to bo played, con, ducted or dealt In uny house, burn, granury, or other building, owned or-Jf 7 6 routed In whole or In pnrt by such person, and located within the limits of t) 6 this town, Is guilty of an offense. ! Sec. 159. Slot Machines. Every person who keeps or operates. olthcrfj ns owner, agent, or employee, or allows to bo kept, used, operated or con-t L ducted In his pluce of business, or elsewhere within tho limits ot this town; the device or Instrument for gambling or exhibiting bawdy pictures, Is guil- ' ty of an offense, Sec. 100. Nuisances. Whutovor Is dnngeroui to human life, or health,-V and whatever renders soil, nlr, water or food Impure, or unwholcBume, Is-"' hereby declared to be u nuisance, nnd an offense. Sec, 161. (ID.) Anything that Is Indecent, or offensive to tho senses,- , or that obstructs or Interfcrs with tho comfortable enjoyment of Ufa or -;. .,, property within the limits of this town, Is hereby declared, to bo a nuisance" . jVJ nnd nn offense, ni fifr Seo. 1G2. flD. No houso refuse, offal, garbage, dead nnlmnls. decay- " ! lug vegetable matter or organic waste substance of nny kind, shall be thrown -. or allowed to remain upon nny street, roml, ditch, guttUr, public place, prl- " fll vnte premises or vacant lot, water course, lake, pond, spring, or well within.-" tho limits of this town, nnd nny porson violating the provisions of this sec- . tlon shall be guilty of an offense, and such offense shall be deemed u nulsnnco. ' Sec, 163. (ID.) AH nulsuncos, may by Judgement of tho Justice bo abated, as provided by law, but nothing In tho foregoing sections, 2, 101, 102, 03, shnll bo construed so us not to permit persons from fortelizlng SH their premises, providing that tho same 'is done during n time,, and In such .i manner ns not to bo extremely offensive. H Seo. 164. Hog Pens. No pig pen, shall bo built or maintained wltlili) ' fifty feet of nny street, or Inhabited house, or permitted within two-hundred feet of any stream or water course used for culinary purposes, within this' :-- town, and In no case shall tho drainage of a piggery bo permitted tonjacTir any such stream so used. .IS-i- " Seo. 165. (ID,) Penalty; Any porson who shalljjvUilitt.o any t' thTOAV provisions of tho' preccedlng section shall be1 gtillty'of ailoltenss. C Sec. 166. Petit Larceny. Petit Larcony Is tho unlawful, steallm?. tuSfT lug, carrying away, tho personal property of another, of a less vnluo than- 't i $50.00 and excepting nnlmuls, which are made Grand hnrcony by lawr uua'a ' property taken from the ptrson or of another, -shall be, punished ttf ' -' nn offense. ' ' u ' " fl ' ' it '.. .i. -.aijj.i.i.".sj,.' . ... r"' , niml ' ,Scc.-167. Tresspass. ny person who shnll take clown nny fence, or s Slowdown nny bars, or open nny gate as to expose any enclosure or ride, r,Ve or Wn,k "cross, or lodge, camp upon, or sleep upon, the prlmlses of ""other, without permission of the owner or occupant thereof, slmi! l e guilty of nn offense. i .a Sec. 168. Interfening With Officers. Any Person who shall Interfere .wlth, resist, molest, or threaten to molest, any officer of this town In the ' , . -"exercise or his official duties, shnll be guilty of an offeiiBC. ' $V Seol69. Driving Sheep Through Streets. Kvery person who drl.es any J." 'herd of sheep, consisting of fifty or more head, over or upon any of the i ub-. ub-. lie streets of this town, except by permission, nnd according to the direction direc-tion of the town marshal first, had and obtained, shall be guilt: of an of-r of-r fenso. '- "' Sec. 170. Opium Dens. No person shall within the llmlta of this town ! , Ueep or maintain, or become an Inmato of, or In any manner contribute to : '$? Iho.Biipport of any place, house, room, or other plnco where opium Is smok-rj' smok-rj' uli qr where persons assemble for the purpose of smoking opium, or Inhal- ' ind the fumes of opium, or whero opium Is sold for such purposes. & 'Any person violating the provisions of this section 3hnl) be p.ullty of -nn offense. , , t . . ., , 'S'fi' CERTIFICATE. &ggtnte of Utah, ) llm County of Uox I3l,,er' ns- tfgfixi , . I, Heber C. Cutler, hereby certify that I am the duly ap-.fpolnfcd ap-.fpolnfcd and qualified clerk In and for the town of Garland, Box Klder 'County,. Utah. Thnt the- foregoing ordinances consisting of one-hundred ' so,yj?.nty sections were duly passed and adopted as the ordinances of said town of.Oarlnnd, Box Elder County, Utah, n". a meeting of the board of town trustees, held In said town on the 15th day of June, A. D. 1009, and that n majority of the members of said town board were preaout f.t said meeting and voted aye, as appears, by the mlnutcsc thereof, on file In my office. WITNESS my hand and the corporate seal of said town, this 15th day of June, A. D. 1909-r 1909-r . HEBER C. CUTLER, SEAL. Town Clerk. |